(a) As used in this section, "remnant" means a remainder or portion thereof that will be left in such size, shape, or condition as to be of little market value.
§ 1240.410.Acquisition of Remnant
Title 7. Eminent Domain Law · Chapter 3. The Right to Take · Article 5. Excess Condemnation · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1240.410 lets a public entity condemn a "remnant," leftover property of little market value that results from taking part of a larger parcel, unless the property owner proves the entity has a reasonable, practicable, and economically sound way to avoid creating the remnant in the first place.
Full Text of § 1240.410
(b) Whenever the acquisition by a public entity by eminent domain of part of a larger parcel of property will leave a remnant, the public entity may exercise the power of eminent domain to acquire the remnant in accordance with this article.
(c) Property may not be acquired under this section if the defendant proves that the public entity has a reasonable, practicable, and economically sound means to prevent the property from becoming a remnant.
Plain-English Summary
Splitting a property in two can leave the untaken portion worthless in practical terms: too small, too oddly shaped, or too isolated to sell or use effectively. Section 1240.410 defines that leftover piece as a "remnant," a remainder, or portion of one, left in a size, shape, or condition of little market value, and lets the public entity condemn it too.
Unlike § 1240.150's remainder provision, this section doesn't require the owner's consent. But it does give the owner a defense: property can't be taken as a remnant if the owner proves the public entity has a reasonable, practicable, and economically sound way to avoid creating the remnant in the first place, for instance by redesigning the project's boundary.
This is the clearest example of excess condemnation in this chapter, taking more than the project itself strictly requires, justified by the practical reality that an uneconomic remnant serves neither the public entity's project nor the owner left holding it.
Frequently Asked Questions
What is a "remnant" under this section?
A remainder, or portion of one, left in a size, shape, or condition of little market value after a public entity takes part of a larger parcel.
Does the owner have to consent to a remnant being condemned under § 1240.410?
No, unlike § 1240.150's remainder provision, this section doesn't require the owner's consent.
Can an owner stop a remnant from being taken?
Yes, by proving the public entity has a reasonable, practicable, and economically sound way to prevent the property from becoming a remnant in the first place.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: remnant property eminent domain californiaexcess condemnation california uneconomic remainder